N.Y. Comp. Codes R. & Regs. tit. 12 § 38.16

Current through Register Vol. 46, No. 50, December 11, 2024

Section 38.16 - Licensees and contractors of the united states nuclear regulatory commission and united states nrc-designated contractors doing work for other united states government agencies

(a) Activities licensed by the United States Nuclear Regulatory Commission within the State. Each person who holds a license from the United States Nuclear Regulatory Commission authorizing activities within the State shall be exempt from the requirements of this Part (rule) with respect to such activities during the period that such license is valid; provided, however, that such person:

(1) shall afford the commissioner access to all records which such person is required to maintain pursuant to the United States Nuclear Regulatory Commission's rules and regulations or pursuant to the provisions of the United States Nuclear Regulatory Commission licenses;

(2) shall afford the commissioner opportunity to sample effluents, and to conduct such measurement or survey of levels of radiation and radioactive contamination as will not substantially interfere with or interrupt any activities licensed by the United States Nuclear Regulatory Commission; and

(3) shall afford the commissioner access to the facilities of such person in order to accomplish the foregoing review of records, sampling of effluents and conduct of measurements or surveys.

(b) Contractors of the United States Nuclear Regulatory Commission and United States NRC-designated contractors doing work for other United States government agencies. Any United States Nuclear Regulatory Commission contractor or subcontractor and any United States NRC-designated contractor or subcontractor of the following categories operating within this State is exempt from the requirements of this Part (rule) to the extent that such contractor or subcontractor under his contract receives, possesses, uses, transfers, owns or acquires sources of radiation:

(1) United States Nuclear Regulatory Commission-designated prime contractors performing work for other United States government agencies at United States government-owned or controlled sites;

(2) United States Nuclear Regulatory Commission-designated prime contractors of other United States government agencies and performing research in, or development, manufacture, storage, testing or transportation of atomic weapons or components thereof;

(3) United States Nuclear Regulatory Commission-designated prime contractors of other United States government agencies using or operating nuclear reactors or other nuclear devices in a United States government-owned vehicle or vessel; and

(4) any other prime contractor or subcontractor of the United States Nuclear Regulatory Commission or United States Nuclear Regulatory Commission-designated prime contractor or subcontractor doing work for other United States government agencies when the State and the United States Nuclear Regulatory Commission jointly determine that under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety and that the exemption of such contractor or subcontractor is otherwise appropriate.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 38.16